The Liquor Control Act

R.S.M. 1988, c. L160

The Liquor Control Act

Table of Contents

1 Definitions.
PART I
THE COMMISSION
2 Commission continued.
3 Appointment of members.
(2) Duties of vice-chairman.
(3) Time required from members.
4 Vacancies.
(2) Acting commissioners.
5 Duration of office and salaries.
6 Quorum.
7 Appointment of gen. manager.
(2) Duties of general manager.
(3) General manager to appoint employees.
8 Powers of commission.
(2) Part V of Evidence Act.
(3) Duties of Chief Inspector.
REGULATIONS
9 Power to make regulations.
(2) Regulations under Act.
10 Regulations respecting advertising.
11 Declaration of substance as liquor.
(2) Regulations as to sale or use.
(3) Non-potable intoxicating substance.
(4) Description.
(5) Determination of intention of maker.
12 Rules of conduct for licensees.
13 When in force.
14 Purchase of land.
15 Municipal taxation.
(2) Grants in lieu of taxes.
16 Establishment of liquor stores.
(2) Liquor stores in unorganized territory.
(3) Limitation on establishment.
17 Designation of agent.
(2) Powers of liquor vendor.
(3) Revocation of appointment.
(4) Application of Act to agent.
(5) Liquor to be carried away.
(6) Duty free liquor store.
18 Control of sale.
LICENSING BOARD
19 Licensing Board.
(2) Chairman of the board.
(3) Quorum of Licensing Board.
(4) Acting chairman.
20 Control over certain licences.
(2) Power of board.
(3) Board to make recommendations.
(4) Recommendation subject to conditions.
21 Appeals from recommendation.
(2) Further appeals to Licensing Board.
(3) Public hearings.
22 Sittings of Licensing Board.
(2) Sittings to be public.
LICENCES AND PERMITS
23 Commission not compelled to issue.
(2) Oaths.
24 Licences and permits under Act.
25 Suspension or cancellation.
(2) Period of suspension.
(3) Notice.
(4) Disposal of liquor in possession.
(5) Effect of cancellation.
(6) Re-hearing by commission.
PROPERTY, FINANCING, ACCOUNTING
26 All payments to commission.
27 Property to belong to government.
28 Financing working capital.
(2) Issue of securities for moneys borrowed.
(3) Repayment of loans made to commission.
29 Payments by commission.
(2) Certain charges against profits.
30 Accounts.
(2) How divided.
(3) Audit.
(4) Special audits.
31 Disposal of profits.
(2) Profits payable to Consolidated Fund.
(3) When payable to Min. of Fin.
32 Reports of commission.
(2) To be laid before Legislature.
EXPIRY OF LICENCES AND PERMITS
33 Term of licences and permits.
(2) Early issuance.
ORDERS AND NOTICES
34 Signature.
(2) Notice of cancellations.
(3) Periods of suspension.
(4) Other notices and orders.
(5) Record and proof of service.
MISCELLANEOUS
35 Finality of acts of commission.
36 Powers of commission supplemental.
(2) Powers of justice and commission.
37 Prohibited place.
(2) Delivery.
(3) Licensed premises.
(4) Order mandatory.
(5) Recommendation of justice.
(6) Revocation of order.
PART II
PERMITS
38 Classes of permits.
39 Formalities to obtain permits.
(2) Special permits.
(3) Permits to buy from distiller.
40 Fees for special permits.
(2) Place of purchase.
OCCASIONAL PERMITS
41 Issue of occasional permits.
(2) Liquor for social occasion.
(3) Food at social occasion.
(4) Number of occasional permits.
(5) Application for occasional permit
(6) Signing of application.
(7) Delivery of application.
(8) Variation in place or time.
(9) Use of liquor.
(10) No other meals in same room.
(11) Sale of liquor to guests.
(12) Minors at social occasions.
(13) Permits for conventions.
(14) Community occasions.
(15) Suitability of places.
(16) Prohibited time.
(17) Storage facilities required.
(18) Municipality under local option.
RESTRICTIONS ON ISSUE OF PERMITS
42 Prohibition.
(2) Who not to apply for permit.
43 Issued to applicant only.
(2) Identity of permittee.
44 Permit to corporation.
45 Place for delivery.
(2) All permits limited.
46 Use of cancelled permit.
(2) Holder of lost permit
(3) Offence.
PURCHASE OF LIQUOR ON PERMITS
47 Quantities of liquor to be sold.
48 Sales of liquor.
49 Ordinary purchases.
(2) Identification.
(3) Proof of identity.
(4) Proof of age.
(5) Orders by mail.
50 Method of delivery.
(2) Effect of delivery to carrier.
51 Uniform prices.
(2) Delivery charges.
(3) Regulations.
52 Conveyance of liquor.
(2) Opening liquor in transit forbidden.
53 Sales in sealed bottles.
(2) Where package to be opened.
(3) Seal on beer bottles.
DAYS LIQUOR STORES CLOSED
54 Prohibition.
55 Sale only at times not forbidden.
USE OF LIQUOR PURCHASED
56 Place of consumption.
(2) Gifts of liquor.
57 Homemade wine and beer.
58 Importation of liquor.
59 Records of sales in stores.
(2) Record of purchases.
(3) Monthly report to commission.
(4) Penalty.
PART III
THE SALE OF LIQUOR
60 Classes of licences.
(2) Interim Licence.
61 Qualification of licensees.
62 Named person and premises.
63 Forfeiture of licence.
(2) Limited authority to successor.
(3) Application by successor.
(4) Extension of permission.
64 Procedure for new licence.
(2) Disqualification.
(3) Objections to grant.
(4) Licences in parks.
(5) Licences in unorganized territory.
65 Re-hearing by commission.
(2) Appeal to Queen's Bench.
(3) Documents.
(4) Party.
(5) Decision of court.
66 Renewal of licences.
DINING ROOM LICENCE
67 Requirements.
(2) Authority.
(3) Licences for certain institutions.
68 Hours of sale.
(2) Hours of consumption.
69 Services in hotel.
(2) Self-serve unit.
70 Revenue.
COCKTAIL LOUNGE LICENCE
71 Requirements.
(2) Authority.
(3) Taking liquor from dining room to lounge.
(4) Hours of service.
(5) Open when food available.
(6) Other hours may be authorized.
(7) Revenue.
(8) Vacating of premises.
(9) Duty of licensee.
(10) Other uses.
BEVERAGE ROOM LICENCE
72 Requirements.
(2) Authority.
(3) Hours of sale.
(4) Hours of service.
(5) Extended hours.
(6) Minors forbidden in beverage room.
(7) Vacating of premises.
(8) Duty of licensee.
(9) Other uses.
CABARET LICENCE
73 Requirements.
(2) Authority.
(3) Entertainment
(4) Hours of sale.
SPORTS FACILITY LICENCE
74 Requirements.
(2) Authority.
(3) Hunting or fishing lodge.
(4) Hours of sale.
SPECTATOR ACTIVITIES LICENCE
75 Requirements.
(2) Authorization.
(3) Hours.
PRIVATE CLUB LICENCE
76 Requirements.
(2) Authorization.
(3) Membership dropping below 100.
(4) Auxiliary members.
(5) Guests.
(6) Spouses.
(7) Special authorization.
(8) Roster.
(9) Prohibition.
(10) Hours.
(11) Exception where dining facilities.
(12) Exception for athletic and sports clubs.
TRANSPORTATION LICENCE
77 Requirements.
(2) Authorization.
(3) Hours.
(4) Purchases other than from commission.
(5) Agreements.
CANTEEN LICENCE
78 Requirements.
(2) Authorization.
(3) Hours.
RETAIL LICENCE
79 Requirements.
80 Beer vendor - building.
81 Beer vendor and brewer's retail.
(2) Wine retail.
(3) Sacramental wine.
(4) Records - sacramental wine.
82 No consumption.
(2) Delivery.
83 Further authorization.
84 Hours.
(2) Hours of service.
MANUFACTURER'S LICENCE
85 Requirements.
(2) Authorization.
86 Brewer's association.
87 Warehouses.
88 Record.
89 Void licences.
90 Restriction.
(2) Officers.
GENERAL PROVISIONS
91 No minor employed.
92 Employees to be informed.
93 Minor in cocktail lounge.
(2) Minor in dining room and cabaret.
94 No minors in licensed premises.
95 Destruction of liquor.
96 No games.
(2) Request to leave.
(3) Ejection.
97 New Year's Eve.
98 Restriction on amount sold.
(2) Other liquor still on table.
99 30 minutes extra allowed.
(2) Extension.
100 Special events.
101 Consumption in premises.
102 Evidence.
103 Licence to be posted.
104 Seating capacity.
(2) Licensee to respect maximum capacity.
105 Order forbidding sale.
106 Voluntary adoption of shorter hours.
107 Storage of liquor by licensees.
108 Sale of lawful kinds.
109 Lawful hours.
110 Credit arrangements.
PART IV
PROHIBITIONS AND PENALTIES
111 Unlawful sale.
(2) Gifts of liquor prohibited.
(3) Exception.
(4) Gifts to licensees prohibited.
(5) Acceptance of gifts by licensees prohibited.
(6) Promotional purposes.
(7) Complimentary sample.
112 Unlawful possession.
113 Non-potable intoxicating substance.
114 Unlawful sales.
115 Unlawful sale for purposes of resale.
(2) Unlawful transportation for resale.
(3) Unlawful transportation.
116 Carriage between lawful places.
(2) Carriage of liquor.
(3) Carriage of liquor on train.
117 Liquor in motor vehicles.
(2) Bar in motor vehicles.
(3) Liquor in taxicabs.
(4) Station wagon.
(5) Motor homes.
118 Unlawful consumption.
(2) Unlawful purchase.
(3) Consumption on place of purchase.
(4) Consumption only after lawful purchase.
119 Trade show in licensed area.
120 Consumption in public place.
(2) Consumption in lavatory.
(3) Exception.
(4) Conduct in licensed premises.
(5) Eviction of disorderly persons.
(6) Consumption in motor homes.
121 Unlawful sale to minors.
(2) Exception.
122 Drunkenness, assisting in causing.
123 Unlawful possession of liquor in hotels.
(2) Exceptions.
124 Unlawful acts of employees.
(2) Taking bribes.
(3) Giving bribes.
125 Canvassing and advertising.
(2) Exceptions.
PENALTIES
126 Offences.
127 Major offences by persons.
(2) Major offences by corporations.
128 General offences by persons.
(2) General offences by corporations.
129 False statement.
130 Offence by corporation.
131 Liability of occupant.
132 Liability of licensee or permittee.
PART V
EVIDENCE
133 Proof by analysis.
(2) Inference as conclusive evidence.
134 Proof by certificate.
(2) Same names.
(3) Additional method of proof.
135 Certificate to be sent to commission.
PART VI
ENFORCEMENT OF ACT
136 Responsibility for enforcing.
(2) Provincial officials.
(3) Any person may make charge.
POWERS OF CONSTABLES AND INSPECTORS
137 Authority to enforce Act.
138 Entry for inspection.
(2) Refusal to admit.
139 Arrest without warrant.
(2) Seizure of liquor unlawfully kept.
140 Search warrant.
141 Seizure without warrant.
142 Incidental discovery.
143 Forfeiture upon conviction.
(2) Forfeiture of seized liquor.
144 Inventory.
145 Information re seized liquor.
(2) Return of summons.
(3) Service of summons.
(4) Hearing as to ownership.
(5) When liquor may be confiscated.
(6) When liquor restored to owner.
(7) Prima facie proof.
146 Where liquor may be forfeited.
147 Disposal of forfeited liquor.
PART VII
LOCAL OPTION
148 Definitions.
149 Where no petition required.
150 Municipality under local option.
151 Prohibitions.
(2) Effect of licensed sale by-law.
(3) Establishment of warehouses.
(4) By-law prohibiting.
(5) Effect of by-law prohibiting beer sales.
(6) Form of petition.
152 By-laws respecting licences.
(2) Effect of repeal.
(3) Limitation on certain licences.
(4) By-laws in new municipalities.
(5) Administered municipality.
(6) Vote in unincorp, village.
PETITIONS
153 Form of petition.
(2) Effect of local option petition.
(3) Petition for liquor stores.
(4) Combining of petitions.
(5) Form of petition.
(6) Requirements for petitions.
(7) Affidavit verifying signatures.
(8) Formalities re. signing petition.
(9) Sections.
(10) Supply of petition forms.
(11) Submission of by-laws.
154 Objections to petition.
(2) Duties of minister.
(3) Effect of certificate.
155 Proceedings for submission.
(2) Last day for filing petitions.
(3) Last day for first two readings.
(4) Limitation on further submissions.
(5) Limitation on submission of by-laws.
(6) Where no election in year.
156 Separate vote re. each class.
(2) Limitation as to certain licences.
157 Majority of electors.
158 Persons entitled to vote.
159 Publication of notice.
(2) When published.
160 Form of ballot.
(2) Combination of ballots.
(3) Modification of ballot forms.
(4) Poster for information of voters.
PROCEDURE AFTER VOTE
161 Subsequent procedure on by-law.
(2) Action on defeat of by-law.
162 Computation of time.
163 Proceedings for submission of repeal.
(2) Last day for filing petitions.
(3) Last day for first two readings.
(4) Limitation on petitions.
164 Application of sections 155 and 161.
165 Penalty if clerk neglects duty.
166 By-law not invalid for irregularities.
(2) Injunction proceedings restricted.
PART VIII
HOTELS
167 Certain hotels to be registered.
168 Application.
(2) Grant or refusal by commission.
169 Certificate as registered hotel.
(2) Certificate not transferable.
(3) Expiry.
170 Fees.
(2) Refunding registration fee.
171 Renewals.
172 Privileges of registered hotel.
173 No person to post false notices.
174 Suspension and cancellation.
175 Powers of municipal councils.
(2) Hearing of complaints.
176 Inspection.
177 Fine.
(2) Imprisonment.
178 Dilapidated premises.
(2) Period for reconstruction.
(3) Effect of failure to obey order.
179 Hotel records.
(2) Application of section 13.
PART IX
GENERAL PROVISIONS
180 General intent of Act.
(2) Means of control.
181 Where one provision invalid.
182 Reservation of powers.
183 Liability for death.
SCHEDULE
FORM 1
(Subsection 155(1))
LOCAL OPTION PETITION
LICENCE PROHIBITION PETITION
PETITION FOR BY-LAW APPROVING ISSUE OF LICENCES FOR SALE OF LIQUOR, REPEAL OF LOCAL OPTION, REPEAL OF PROHIBITION OF LICENCES OR ESTABLISHMENT OF LIQUOR STORES
AFFIDAVIT
I,
FORM 4
FOR A LOCAL OPTION BY-LAW
FOR LOCAL SALE
AGAINST LOCAL SALE
FOR A LICENCE PROHIBITING BY-LAW
AGAINST ISSUE OF LICENCES
FOR A LICENSED SALE BY-LAW
SALE OF LIQUOR IN DINING ROOMS
FOR
AGAINST
SALE OF LIQUOR LN COCKTAIL LOUNGES
FOR
AGAINST
SALE OF LIQUOR IN CABARETS
FOR
AGAINST
FOR A BY-LAW AUTHORIZING THE ESTABLISHMENT OF LIQUOR STORES
ESTABLISHMENT OF LIQUOR STORES
FOR
AGAINST
CERTIFICATE OF REGISTRATION OF HOTEL